005061
81.In determining whether this Application was filed within a reasonable time, the Court
considers that ordinary judicial remedies related to the present matter were exhausted
when the Review Bench of the Supreme Court rendered its judgment on 29 July 2014.
82. Other proceedings were instituted by the Respondent State relevant to the subject of
this Application. In this regard, the Court observes that after the Review Bench of the
Supreme Court's judgment, between 2014 and 2017, there were two criminal cases
which were
instituted by the Respondent
State against the Applicant for allegedly
defrauding the Government by false pretences and for causing financial loss to the
State.
The
judgment
was
rendered
on
12
March
2015
by
the
High
Court.
Subsequently, following an appeal to the Court of Appeal by the Attorney General, the
Court of Appeal rendered its judgment in this matter on 10 March 2016. The Court is
of the view that it was reasonable for the Applicant to wait for the final determination
of these criminal proceedings as they related to the subject matter of the Application
before this Court.
83.|In addition, the Court notes that, the Respondent State established a Commission of
Inquiry with a mandate to look into the inordinate payments made from public funds in
satisfaction of judgment debts since the 1992 Constitution came into force, including
those made to the Applicant and companies associated with him. The record before
this Court shows that the Commission of Inquiry completed its work on 20 May 2015
and submitted its report to the President of the Republic of Ghana on 21 May 2015.
The
Respondent
State published the Commission’s
report together with the White
Paper in 2016.
84. The proceedings of the Commission of Inquiry being quasi-judicial in nature, offered
remedies
reasonable
that the Applicant was
expectation
not required
that the Commission's
to exhaust.
Nonetheless,
findings would
have
he had
resulted
a
in a
decision that was favourable to him and thereby dispensing with the need to file the
Application before this Court. The Court considers that despite this expectation,
in